they don't care about your aches and pains. well, how do you know? did you speak to alex trebek? because i have a policy myself. it costs just $9.95 a month per unit. it's perfect for my budget. my rate will never go up. and my coverage will never go down because of my age. affordable coverage and guaranteed acceptance? we should give them a call. do you want to help protect your loved ones from the burden of final expenses? if you're between 50 and 85, you can get quality insurance that does not require any health questions or a medical exam. your rate of $9.95 a month per unit will never increase, and your coverage will never decrease -- that's guaranteed. so join the six million people who have already called about this insurance. whether you're getting new insurance or supplementing what you already have, call now and ask one of their representatives about a plan that meets your needs.

so, what are you waiting for? go call now! we'll finish up here. meet the marines' newest recruit. chesty. he's about to become the marines' official mascot. the 9 week old englishing bulldog will march in parades and make other public appearances. good luck, chesty. i'm megyn kelly. >> today the double amputee track star charged with murdering his girlfriend, the model, and he claims he thought

a burglar was behind the bathroom door when he pumped four bullets through it. the details coming up. plus the president today warned that the looming automatic spending cuts known as the sequester could devastate our economy, but republicans say the white house can't tax its way out of the problem. washington being washington coming up. and eight thieves are now $50 million richer after they stole a boatload of diamonds from a swiss plane. that's all ahead unless breaking news changes everything on "studio b". first from fox at 3:00 in new york city, the blade runner, oscar pistorius, revealed his side of the story today, and it is detailed. in a statement that his lawyer read out loud in court, the history-making olympic sprinter claimed he had no intention of killing his super model girlfriend. remember, prosecutors say oscar pistorius murdered the young woman in his home in south

africa last week. she was a cover girl and a law school graduate. today in the sworn statement, oscar pistorius revealed that early on the morning of valentine's day, quote, i woke up to close the sliding door and heard a noise in the bathroom. i was scared and didn't switch on the light. i got my gun and moved towards the bathroom. i screamed at the intruder because i did not have my legs on. i felt vulnerable. i fired shots through the bathroom door and toldry have a, that's the girlfriend, to call police. that's when the sprinter claims he realized that there was no intruder at all. it was his girlfriend, reeva, inside the bathroom. the blade runner's statement went on to indicate that reeva died in his arms. reporters inside the courtroom said today oscar pistorius broke down in tears yet again, so much so at one point the court went into recess so he could regain his composure. the fox creative correspondent jonathan hunt has been filing the developments in the trial or the bail hearing.

how did prosecutors react to the statement? a lot of surprise, you know, that it was so detailed. >> reporter: prosecutors laid out the case they said all along is a straight forward case of premeditated murder. they say there was an argument between oscar pistorius and his girlfriend, reeva steenkamp. they say at that point steenkamp ran into the bathroom and then into a toilet cub cubicle whichs within that bathroom and shut the door. they say that oscar pistorius took the time to actually put on his prosthetic legs, then walked into the bathroom, took aim at that toilet cubicle door, shot four times hitting reeva steenkamp and they said, quote, it is our respectful argument that preplanning or premeditation do not require months of planning. if i ready myself and walk a distance with the intention to kill someone, it is premeditated, and they said reeva steenkamp, quote, couldn't

go anywhere. you can run nowhere. it must have been horrific, shep. >> i guess there was no bail granted. >> the hearing continues tomorrow. >> all right. but today before we get to that, a funeral service. >> >> reporter: yes. the funeral service was held for reeva steenkamp hundreds of miles in the southern south africasouth african town of port policelizabeth. herrellives not surprisingly didn't want to talk about today's bail hearing. they simply wanted to remember reeva. listen. >> there's a space missing inside all the people that she knew that can't be filled again. we're going to keep all the positive things that we remember about my sister, and we will try and continue with the things that she tried to make better.

>> we'll miss her. >> reporter: a tough day for the family of reeva steenkamp and many more to come as the hearing and the trial progress. >> shepherd: thank you. joining us is a track coach and friend and colleague of oscar pistorius. he said he's known the blade runner since he was 11 years old and as it happens, he was the sketch artist in the courtroom today.smalsmall world. he's joiy phone. this must have been a shock to you, or was it? >> yeah, shepherd. it was a situation where every is in shock. a sports hero is being accused of murder, so the whole country is divided in opinion,

obviously. yeah. it's quite tough. >> shepherd: you have known him since he's 11 years old. is there a violent streak that you've witnessed. no more violent streak than anybody else, and what i'm saying is far as track athletes are concerned. pole vaulters which i usually coach are more item practice m . i personally haven't seen any mood swings or anything that i can mention. >> shepherd: you told us he's been through a lot recently. >> yeah. he has been. obviously, you know, that type of guy being the third biggest earnings sport in the world, the media is always constantly on them. if i bump into somebody, it's just the normal, you know, if you bump into him, it's a civil

case of a few million dollars, so they're not getting the same treatment as the normal person on the streets. he's been through a lot, yeah, for sure. he's a high profile sportsman in the world. >> he's faced lawsuits you're saying based on encounters. >> lawsuits previously, yes, as far as i'm not an expert on his history, but as i can recall, yeah, the there were one or two incidents. he was usually on the good side of it. you know, nothing major, but something with a woman here and there. >> shepherd: what kind of a thing with some woman here and there. >> as far as i know, he bumped a girl intdoor into some girl's fe and that was a lawsuit. sometimes these are ridiculous lawsuits in life, so that's the one i can recall. the other one i wouldn't be able

to tell you. > >> shepherd: how did it happen that you end up the sketch artist in your friend's court case? >> yeah. it's -- shep, obviously i didn't plan that. nobody could plan what has happened this week. i'm a sketch artist for a couple of years. i've been doing it for newspapers and for judges and my clients, but yeah, i had to sit in court through this, and it was a punishment for me extremely because, i mean, i had to look at him and even if he was in tears, i still have to sketch him from front and he has to look me almost in the eye, so it's -- it's hard. it's emotionally draining for everybody in the court, but especially for me knowing him for such quite a long time and only i can speak good of him. >> shepherd: jaco van vuuren, live with us today.

thank you. here at home, people will lose their jobs if congress doesn't stop this big spending cut set to take effect in ten days. that's the warning today from none other than the president of the united states talking about the so-called see quester. that's what folks in dc are calling $85 billion in cuts to defense spending and other domestic programs. the president spoke this morning at the white house surrounded by firefighters and other first responders, people that could lose their jobs if the sequester happens. republicans are dismissing the remarks as nothing other than a campaign stop, pushing a plan that's dead on arrival. wendell goler is covering this for us live on the north lawn of the white house. what is the g.o.p.'s main complaint? the original complaint is they didn't have a plan. now they say he has a plan, and they don't like it. >> reporter: shep, what they really don't like is the president pushing them to go along with his approach to reducing the deficit instead of talking with them to try and find a compromise. the white house, however, said there are ongoing talks with

staffers on capitol hill. there's nothing special, press secretary jay carney says, about meetings in the roosevelt room because republicans have walked away from them in the past. president obama wanted to show them the faces of some of the people that will be hurt if there's no deficit reduction agreement as well as to argue the spending cuts would have a very bad impact. >> these cuts are not smart. they are not fair. they will hurt our economy. they will add hundreds of thousands of americans to the unemployment rolls. this is not an abstraction. people will lose their jobs. the unemployment rate might tick up again. >> reporter: mr. obama wants a combination of tax revenue and spending cuts, but republicans say any new tax revenue should be used to lower overall rates for everyone, shepherd. >> the simpson-bowles commission with a new plan. what's the reaction to that. >> reporter: the white house loves that the plan calls for new tax revenue, but officials not showing much enthusiasm for the much deeper cuts in health

care spending that the president wants. former white house chief of staffer bowles and simpson, a republican from wisconsin, say -- wisconsin wisconsin were close to a deal. their legacy is on the line. >> i don't know when it will happen, but it will happen in these four years or he has no legacy at all. if he can't cut the mustard with solvency of social security under honest appraisals of the trustees and he can't get a handle on an automatic pilot rig of health care, he will have a failed presidency. >> reporter: blunt speaking congressman simpson. if congress and the president can't reach a deal, interest rates will rise and the folks hit hardest by that will be the middle class. >> shepherd: wendell goler at the white house this afternoon. thank you. when mission control called the international space station this morning, nobody answered. a communications blackout that left the crew cut off from earth. we'll get to that, plus drew peterson. the cop who keeps losing his

wives says he deserves a new trial now after his conviction for killing one of the four wives. he says his lawyer botched the case. this week, either he gets that thank you trial or he gets -- that new trial or he against ges sentenced. that's coming up. i gave birth to my daughter on may 18th,

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>> shepherd: justinnewsonchon >> shepherd: the guy convicted of killing her wants a new trial. if you go back to the beginning, it will be helpful. prompter back to the beginning. the guy who was convicted of killing her, the washington intern, said the prosecution was predicated on a lie, and they intend to file a motion for a new trial. the arguments from the attorneys were included in records of previously closed hearings in the case that were unsealed

today. as i mentioned, chandra levy's 2000 murder attracted attention because of her romantic relationship with with the california congres congressman,n condit. he's seeking a new trial saying the whole thing was based on a lie. we'll let you know what happened. the excop who keeps losing his wives back in court today fighting to get a new trial of his own. in september a jury convicted one drew peterson of murdering his third wife on the right here, kathleen savio. a neighborhood found her dead in a dry bathtub. they first thought she drowned and realized oh, yeah, you need water for drowning. the former police sergeant from illinois is suspected in the disappearance of this woman, his fourth wife, stacy peterson. he's facing up to 60 years on the murder conviction. the sentencing is set for tomorrow. his current attorneys claim peterson's previous attorney botched the case. his former lawyer denies he did anything wrong, and if the judge agrees, the sentencing could

start today. steve brown with the news in joliet, illinois this afternoon. steve, who is the attorney at the center of this last-ditch effort for a new trial? >> >> reporter: his name is joe brodsky. other members of the current defense team say he was the person who made the call to put harry smith on the stand. harry smith was the divorce attorney for kathleen sacrifice vo, the victim in this particular case. on the stand smith testified that he met with stacy peterson who tried to hire him as her divorce attorney in seeking a divorce from drew peterson, and during that meeting she stated that she believed or knew that drew pert son killed kathleen savio. all of this was barred from being heard by the jury by the judge in a prior motion. because the defense called smith to the stand, this testimony came out and the judge warned brodsky twice before the trial began.

>> shepherd: there's also a bit of bad blood between he and another attorney, right? >> reporter: this goes to the hearing today to find out whether or not defense counsel was hindered seriously enough to get a new trial. a attorney was called and testified to the extent she thought that brodsky was seeking fame and fortune with his involvement in the case and was not paying attention to the details. during a recess brodsky distributed a text message sent to him by 0 day and we're parsing here a bit, fu, jew. we called the number on this particular text message. 0 day pick up the phone and explained that text message was sent on her phone by someone else when her phone turned up missing. she has her phone back, but bad blood between those former partners, and she is testifying today, shepherd? >> shepherd: after that, i guess there is bad blood. steve broke brown in joliet. nasa lost all communication

with the international space station for a few hours. six astronauts up there, two of them americans. the space agency claims fight controllers in houston were updating software on board that station when there was some sort of data system malfunction and mission control was able to communicate only with the iss crew as it flew over russia. nasa fixed the problem in a few hours. before the outage an astronaut on board the station station actually tweeted and i quote, good morning earth. today we transition the space station's main computers to a new software load. nothing could possibly go wrong. security experts have traced more than 100 coordinated computer hacks against u.s. organizations. they say all signs point to the chinese military as the guilty party. from one building, think of what is at risk here. we will lay it out for you ... next.

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a u.s. security claims its traced the most extensive cyber attacks in recent history to one chinese military unit in shanghai. according to the virginia based firm, it's likely operating out of a 12-story building of. hundreds of employees, breached more than 100 american organizations ranging from it and telecommunications to aerospace and energy. chinese officials strongly deny the accusations, even said we're doing it to them. u.s. officials wouldn't comment on the specifics of the report, but they have repeatedly expressed concerns about the growing cyber threat out of china. kathryn hecatherine herridge wis live from washington. what are we learning about the details? >> reporter: shep, this report is highly charged because it names names that the electronics

trail leads back to the chinese military and it specifically cites that non-descript be building on the outskirts of shanghai which houses a chinese espionage unit of the people's liberation army. >> we're doing intrusion scretion investigations and it leads us back to the same neighborhood. it didn't take much to put one and one together. >> reporter: known as unit 613 98 and considered a state secret by the chinese the report said it allegedly ripped off more than 140 companies simply to give china the edge in business and research and development. >> reporter: if they rip off our ideas and steal the things that make us unique as a nation, that can cost billions and billions and billions of dollars. what's the u.s. have to say about it? >> reporter: the most recent estimate is up to $300 billion in trade secrets were stolen by the chinese from the u.s. analysts say the intensity of the cyber assaults with the backing and direction of the military and communist party is

now referring a point where it might impact u.s.-chinese relations. in the state department briefing, they would not go that far. >> we've also regularly and repeatedly raised our concerns at the highest level with with the chinese government about cyber theft. >> that means the president has raised it with the president of china, correct? >> i'm going to let the white house speak to the president's conversations. >> reporter: in a statement, the chinese foreign minister said we've stressed many times by hacking attacks are by non-nationals. are trans mational and anonymous. i would note both the state department today and also at the white house when they were asked about the highly charged findings in this report, they both read from prepared statements and that is always a sign of house sensitively the administration is approaching the issue, shep. >> shepherd: catherine herridge in washington. let's bring in morgan wright.

good to see you. >> hi, shep. >> shepherd: fair to say there's nothing they can't hack, and i mean nothing. >> it appears so. they've run the gamut from a to z. if this was vegas, they would have run the table in a lot of industries. >> shepherd: if you steal the formulas, if you steal the secrets for american success, you steal america's edge. it appears that's the goal, right? >> yeah. economically, politically, militarily, i mean, they're after targets in all of these areas, police makers, decisions, what kind of decisions are we making, contract negotiations. they've taken espionage and elevated it and it's backed by the state. it's backed by the military. that's a very dangerous thing. not only are they stealing our economic secrets, they're stealing our military secrets. it's been a coordinated effort at least for the last ten years. >> shepherd: if they were to break into the pentagon and do this physically, it would be war. i don't quite understand how much of a difference there is practically speaking. >> we are reaching a policy point where that decision's going to have to be made.

at what point do we declare war in a cyberspace domain when somebody does something, you know. the intrusion i was on talking with you. i mean, we've talked a lot of times about china, the joint strike fighter intrusion, los alamos labs, very sensitive areas. nuclear weapons. stealth technology. if you can't beat us at the game, you steal our secrets to achieve parity quicker. it puts us at a disadvantage and makes the job of the people securing the infrastructure more costly and dangerous. >> shepherd: when this nation was in its infancy, people say we did the same thing. >> yeah. it was00 years ago. they need to get over that. not saying we're totally clean in some of these areas, but the sophistication, the state sponsorship, the fact that a couple of the chinese technology companies are staffed by former members of the pla that are in direct competition with u.s. companies, nothing good comes out of this. the fact that they're denying

it. if you told me elvis was in the building, i'd go out and buy ten tickets right now. that report has more credibility than their denials at this point. >> shepherd: they say you're doing it to us, too. i don't know what you get from doing this to china but the point is taken. morgan wright, good to see you. thank you. >> thanks, shep. >> shepherd: a convicted killer in georgia set to die three and a half hours from now in the middle of fox report. his attorneys are trying to save his life. they say executing him would violate the united states constitution. the reason? he's mentally retarded. the life or death cliffhanger and what the supreme court may do ... coming up. plus a rejaw-droppindroppin. did you see this? right on an airport tarmac. this thing was crazy sophisticated. robbers took $50 million in diamonds from a plane. a passenger never saw a thing. they never fired a shot, in, out, 50 million richer. how did you do that? ( bell rings ) they remind me so much of my grandkids.

wish i saw mine more often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away. it's a good thing you had life insurance through the colonial penn program. you're right. it was affordable, and we were guaranteed acceptance. guaranteed acceptance? it means you can't be turned down because of your health. you don't have to take a physical or answer any health questions. they don't care about your aches and pains. well, how do you know? did you speak to alex trebek? because i have a policy myself. it costs just $9.95 a month per unit. it's perfect for my budget. my rate will never go up. and my coverage will never go down because of my age. affordable coverage and guaranteed acceptance? we should give them a call. do you want to help protect your loved ones from the burden of final expenses? if you're between 50 and 85, you can get quality insurance that does not require any health questions or a medical exam.

your rate of $9.95 a month per unit will never increase, and your coverage will never decrease -- that's guaranteed. so join the six million people who have already called about this insurance. whether you're getting new insurance or supplementing what you already have, call now and ask one of their representatives about a plan that meets your needs. so, what are you waiting for? go call now! we'll finish up here.

>> shepherd: it's the bottom of the hour, time for the top of the news. an inmate in georgia right now waiting for word on whether he'll live or die tonight. his name is warren hill. he's a two-time convicted killer. his attorneys argue that executing him would violate the constitution because he's mentally retarded. a jury convicted him of killing his girlfriend back in 1986. then while in prison in 1990 he beat another inmate to death using a board riddled with

nails. three state hired experts testified at trial that he is indeed mentally able to know right from wrong, but in just the last week, all three of those experts changed their stories. they say they rushed their reports and that hill, the guy in jail now, is indeed mentally disabled. just minutes ago the georgia supreme court ruled the execution can go forward. now the supreme court of the united states is this man's last hope. john roberts with the news outside the prison in jackson, georgia. what does this new ruling indicate? >> reporter: they just denied a stay of execution for warren lee hill. in addition, they denied an appeal from a recent court ruling that found that warren lee hill was not mentally retarded. a short time before the ruling his supporter gagged on the steps -- gathered on the steps of the capital saying it would be a miscarriage of justice for

him to be put to death because in 2002 the supreme court ruled it was a violation of the eighth amendment to put to death a person who is mentally retarded. they have evidence from those three doctors who back in he way retarded. here's what one of them said. quote, my judgment that mr. hill did not meet the criteria for mild mental retardation was in error. the doctor going on so say he believes mr. hill has an i.q. of approximately 70. his growing legion of supporters which now includes the family of his victim that he caild back in 1990 and former president jimmy carter are hopeful that one last stop here will commute his sentence of death to life in prison. eric jacob ten is with the georgia counsel on development mental disabilities. here's what he told me. >> we always have hope. hope is the thing we have. we hope all those entities will retake a look at the case and determine that clemency or

execution should be taken off the table and that again what we believe is that rather than execution that he should spend the remainder of his days in prison. >> reporter: back in 2002 that supreme court ruling put the determination of what exactly is mental retardation in the hands of the state and here in georgia, shep. the burden of proof is beyond a reasonable doubt. the state insists that warren lee hill and his attorneys have not proven that yet. >> now that the georgia supreme court has denied the stay, what happens next? > >> reporter: it goes to the supreme court, and his attorney just filed a couple of very pointed new briefs with the supreme court saying that basically the georgia supreme court did not want to hear the new evidence presented in this case. also important to note, shep, that there were two dis sents among the seven judge panel that considered this at the georgia supreme court, one of those being the chief justice. we'll see as the supreme court

weighs this very important information whether that sent meant prevails or they'll rule as the georgia supreme court did and the execution goes forward at 7:00 tonight. as we've seen, those executions are very often delayed while the supreme court considers the matter. shep. >> shepherd: john roberts live at the georgia supreme court court. we have a couple of attorneys with us. meg, the three experts that the court used all said he's good to go. all three of them have now come back and said no, he has mental deficiencies and we were wrong, so what should happen? >> what should happen is that the united states supreme court should stay consistent with what the global legal community says, that we do not execute somebody who hasn't electricual disability. nine experts are now universal in their thought process that he is inciden intellectually disabo she shoulheshould not be a candr

the death pent. they need to stay the execution and let the supreme court hear the argument out. >> shepherd: brine? >> this is a classic case of shoot the messenger. the legal system worked. he went to trial. he had three forensic psychiatrists testify he doesn't meet the criteria for being mentally retarded. now at the last second, these experts come back and say gee whiz, now we made a mistake. that would compromise the entire integrity of our judicial system. the problem you have here is it's a bad standard that the state of georgia has requiring beyond a reasonable doubt. >> shepherd: that's the truth. that's the strictest standard in the united states. that said, it is the standard, but brian -- >> that's exactly right. >> shepherd: brian? >> yes. >> >> shepherd: iq of 70. >> equals mentally disabled. >> but that's not the issue. it's does the law in georgia right now conflict with the u.s.

supreme court decision? it does not because the supreme court left it to the states to define what is mentally retarded. >> shepherd: megyn, he's right about that. the supreme court left it to the state. >> but georgia is unique in its standard. it's the only state in the nation with such a high standard, beyond a reasonable doubt. most other states, a preponderance of evidence. thr twthere are two issues hereh are moot because he has an iq of 70. the global community, international law says you're not supposed to execute juveniles, the insane, or people with mental disability. >> shepherd: there are very few places on planet earth where they still execute people under systems like this. ours happens to be one of them. that's the law of the land, but you know, brian, she's right. when she says at 70 you are mentally deficient by standards in the united states and all over the world. >> here's the problem, shepherd.

back when these three forensic scientists testified at trial, they had all the information available then that they have available now, so they had ever opportunity to go into court and say hey, this gentleman has an iq of 70. he definitely meets the definition of mentalry retarded. they didn't do that because of a reason. probably they didn't think he was mentally retarded. we can't act out of sympathy now to try to usurp what our laws are. if people want to change it, they need to write a letter to their state legislators in georgia. >> shepherd: tick tock. i'm done. meg, i'm sorry. brian, we're out of time. we'll let you know what happens as we approach that time. the supreme court will do something. we just don't know what yet. a dramatic diamond heist that i mentioned right before the last commercial break, one which could go go down as one of the biggest robberies ever.

the thieves made off with an estimated $50 million worth of diamond without firing a single shot. the eight men dressed as police and armed with machine guns snatched the loot from an airport tarmac last night in belgium's capitol city of brussels. officials report the workers just removed the diamonds from this brinks truck and loaded them onto this plane when the robbers approached. they say the guys were in and out in less than five minutes and passengers on the plane never saw a thing. keep in mind, if that $50 million figure holds up, that would dwarf the $160,000 in jewelry that police say thieves grabbed from new york's four seasons hotel just last weekend. trace gallagher with more. trace, i don't understand how they got in there and got out hardly being noticed. >> it's fascinating, shep. they actually cut a hole in the airport security fence. it was kind of near a construction zone. they drove through the hole and drove right back out the hole.

once they cleared the outside of the fence, they abandoned one of the vehicles. the timing here was flawless. they grabbed the diamonds just as security was about to close the cargo hold. now, part of the reason that diamond companies fly their diamonds is because the airports are so well protected clearly, right? ensuring diamonds for flight costs almost nothing because of that security which is why authorities in this case are so baffled. listen. >> i think that we are mainly concerned about the way that it was able to be possible that this happened. i mean, the fact that you normally think that an airport, essentially an international airport is a very secure environment which is exactly what you need when you trade in diamonds and when you transport diamonds. it is a complete shock for us that this was even possible. >> reporter: of course, experts point out the possibility, shep, that this might have been an inside job. they're looking into that. >> shepherd: one of the biggest heists ever but not the biggest. >> reporter: yeah. it's probably in the top two. i mean, the antwerp diamond

center in brussels process about 80% of the world's diamonds. the building they're in is maybe the most secure, one of the most secure in the world, and yet exactly 10 years ago bandits from italy were able to go in, disarm the alarm, sneak around the lasers, block the surveillance cameras. they even as you see there made keys to the safe and they walked with with $100 million in diamonds. some of the thieves were later arrested, but the diamonds were never found. the experts say that's because they were rough diamonds, and they were cut and polished and sold long before the cops caught on and we should note the diamonds that were stolen today were also rough diamonds. going to be very hard to find them, shep. >> shepherd: wow. trace gallon ler liv gallagher . thanks. an american soldier has been fighting to get his daughter back from ireland, but so far the courts have stood in his way. today the united states supreme court came with a decision that could go a long way towards finishing his case for good.

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>> shepherd: this case revolves around a u.s. army sergeant who met a woman abroad. they got married. they had a daughter. they moved to the united states to alabama. after starting divorce proceedings, the mother took their daughter with her to scotland triggering a long dispute over who gets custody of the girl. shannon bream is live in dc. somehow this ended up all the way at the supreme court. how? >> reporter: it did, shep her. the estranged wife court arguing that her daughter should be with her in scotland. the court agreed. when the sergeant tried to appeal the decision, the 11th circuit told him the u.s. courts no longer had injures diction. he refused to accept that answer and vowed to fight all the way to the supreme court. we talked with him when the case was argued in december.

he said it was about more than just him but also for all his brothers and sisters in uniform who often find themself in similar international custody battles. today in a unanimous decision, the justices agreed that the u.s. courts do have jurisdiction and sergeant chafin must be given the opportunity to fight for his daughter. shep. >> shepherd: that's a big win. how is he reacting. >> i tracked him down today. he described it as being in the middle of nowhere a couple of hours outside of el paso. he was overwhelmed. he said he thought he was dreaming when he got the news this morning. as the reality of the win sinks in, he said he's grateful to the supreme court. >> yelling and screaming, you know. i'm just really thankful that they looked into it and saw that what had been done is wrong and taken that into account and being able to make it right is -- i can't thank them enough. >> in many ways, this case is just beginning because today's opinion simply gives cafhafin te

right to fight, a fight that has new life today. >> >> shepherd: there's a deadly snowstorm out there hammering the midwest and it's taking name at the northeastern united states. it's already made a mess around the grea great lakes. that happened overnight. dozens and dozens of cars sliding off roads. officials say at least two dozen people died in crashes leading to hundreds of delays at chicago's o'hare airport. let's go to the fox extreme weather center and meteorologist janice dean. what's happening out there? >> a busy storm pattern is setting up as you mentioned, shepherd. the same storm that brought blizzard conditions across the upper midwest and the great lake still hanging out. we have rain to report over the eastern seaboard. this is storm number one. storm number two, if you can believe it, is even more powerful and will be bringing more snow and perhaps severe weather for the next 24 to 48 hours. low pressure offshore bringing rain and mountain snow in towards the great basin.

in some cases we could see two feet of snow in the highest of elevations. of course, with the gusty winds, blizzard conditions, and then as we get into wednesday and thursday, this is the bull's eye where we could see 12 inches to 18 inches. then we could also see a significant ice storm for parts of arkansas in towards missouri and oklahoma, so tracking it into wednesday, things start to crank up. we're going to see that snow fly across portions of kansas and nebraska. that's where we think the bull's eye is going to be. 12 or 18 inches. shep, this area right here, this could be a significant ice storm in some cases. half an inch of ice on the roads and the power lines. that's going to be potentially very dangerous, and then the warm side of this storm, the severe weather across texas, louisiana, mississippi, and up towards arkansas where we could see several tornadoes in the forecast. back to you. >> all right. janice dean watching for us. thank you. one woman accused of the stastabbing, shooting, and slitg the throat of her exboyfriend on the stand today. she said the man she admittedly

killed often threateddened her when she didn't do exactly what he wanted. does the jury buy the self defense case of a woman who stabbed a man to death 27 times? that's coming up. [ male announcer ] ah... retirement. sit back, relax, pull out the paper and what? another article that says investors could lose tens of thousands of dollars in hidden fees on their 401(k)s?! seriously? seriously. you don't believe it? search it. "401(k) hidden fees." then go to e-trade and roll over your old 401(k)s to a new e-trade retirement account. we have every type of retirement account. none of them charge annual fees and all of them offer low cost investments. why? because we're not your typical wall street firm that's why. so you keep more of your money. e-trade. less for us. more for you. starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day.

back to the news.

sit the trial of the woman accused of stabbing to death her boyfriend, stabbing him 27 times, shooting him and slitting his throat from ear to ear, the trial is back underway today. the defendant is this woman, jodi arias. she does not deny she killed travis alexander but claims the killing was in self defense. the trial resumed after the judge got sick last thursday. that's when georgia heard graphic audio from a phone conversation between this woman, jodi arias, and her exboyfriend recorded the month before she killed him. most of the details are way too much for me to get into here. my mother would never talk to me

again. the couple could be heard having sex on the recording. let's just leave it at that. today jodi arias claimed her exboyfriend sent her a text message warning that she should not contact him and threatened her with some sort of punishment if she did. vicki ward joins us now, a journalist and fox news contributor. you're in there. how is it going, and what have you heard? >> reporter: hey, shep. well, you know, today is a day where all couples who try to split up and just can't will identify this. at least that's what the defense is trying to convey. jodi arias has read out text messages from and to travis alexander, the man she has admitted to killing in june which portray a couple who fight with each other, say terrible things to each other, and then flirt with each other as if it's all forgotten. she has described his temper as being like an earthquake, it was so terrifying to her, even when

she's a thousand miles away from him. yet, within seconds they're back texting with each other. we've heard his exasperation with her. we've heard him say if you're tired of me, basically, i'm paraphrasing here, let me go. but this couple can't seem to let go. that is the essence of what we've been hearing today. >> shepherd: at some point there's going to be cross-examination, and i'm guessing just from everything i know he about this case, that's not going to be fun for her because she's going to have to explain why in self defense she stabbed him 27 times and slit his throat from here to here. that won't be easy. >> reporter: it certainly won't, shep. the prosecution also has dna evidence which puts her firmly at the scene and also there's the fact that her story has changed three times to get to this point of her actually admitting that yes, she did kill travis alexander albeit in self

defense. >> shepherd: all right, vicki ward with us from the trial. welcome to the team and thanks. video of the day. what happened when hundreds of naked people visited an art museum to check out the nudes? this i can show you, and i will. ♪

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